Trayvon Martin's alleged attacker not covered under law I wrote --- maybe that's true ... we'll see but it's still a great law
On Mar 22, 11:15 am, THE ANNOINTED ONE <[email protected]> wrote: > Opinion From the author and main sponsor of the Florida Law > > Trayvon Martin's alleged attacker not covered under law I wrote > By Rep. Dennis Baxley > Published March 21, 2012 > | FoxNews.com > > AP/Martin Family Photos/File > In this undated file family photo, Trayvon Martin poses for a family > photo. College students around Florida rallied Monday, March 19, 2012, > to demand the arrest of a white neighborhood watch captain who shot > unarmed teen Martin last month, though authorities may be hamstrung by > a state law that allows people to defend themselves with deadly force. > The tragic story of Trayvon Martin's death in Sanford, Florida has > ignited a great deal of passion and concern regarding the > circumstances of his death and the defense applied by the attacker, > George Zimmerman. The fact that Trayvon Martin unnecessarily lost his > life is troubling and an investigation into the surrounding > circumstances is certainly warranted. > First of all I'd like to extend my condolences to the Martin family. > I have been in the funeral services profession for over 40 years; I've > walked with families through many tragic circumstances and I know how > difficult it is. > RELATED STORIES > Neighborhood watch leader may have uttered racial slur before shooting > Florida teen killed by neighborhood watch captain talked to girlfriend > before shooting, lawyer says > Family: Florida man didn't kill black teen in self-defense > > I would like to emphasize that the approach that is currently > developing in this situation, to convene a grand jury, is the proper > one in which to discern the facts of this case. I certainly agree with > everyone that justice must be served. > During the debate concerning this incident, some have brought into > question the "Stand Your Ground" law, more commonly referred to as the > "castle doctrine," which has been used by the attacker to pardon his > actions. > As the prime sponsor of this legislation in the Florida House, I'd > like to clarify that this law does not seem to be applicable to the > tragedy that happened in Sanford. There is nothing in the castle > doctrine as found in Florida statutes that authenticates or provides > for the opportunity to pursue and confront individuals, it simply > protects those who would be potential victims by allowing for force to > be used in self-defense. > When the "stand your ground" or "castle doctrine" legislation passed > in 2005, the catalytic event that brought the issue to the attention > of the Florida Legislature was the looting of property in the > aftermath of hurricanes. > Specifically, there was a situation in the panhandle of Florida where > a citizen moved an RV onto his property, to protect the remains of his > home from being looted. One evening, a perpetrator broke into the RV > and attacked the property owner. The property owner, acting in self- > defense in his home, shot and killed the perpetrator. > It was months before the property owner knew if he would be charged > with a crime because of the lack of concrete definition in the > statutes regarding self-defense and a perceived duty to retreat by the > potential victim. > Until 2005, the castle doctrine had never been canonized into Florida > law, but had been used with differing definition and application to > the concept of self-defense. The focus of the law was to provide clear > definition to acts of self-defense. > The facets of the castle doctrine deal with using force to meet force > as an act of self-defense when in your home, in your car, on your > property, or anywhere you are legally able to be. The law also > protects property owners and their homeowner's insurance from being > wrongfully sued by perpetrators who claim to be harmed while > committing a crime. > The castle doctrine as passed, clarified that individuals are lawfully > able to defend themselves when attacked and there is no duty to > retreat when an individual is attacked on their property. Since the > passage of this law in Florida, 26 other states have implemented > similar statues. > Additionally, the American Legislative Exchange Council used the > Florida version of the castle doctrine as model legislation for other > states. > Quite simply the castle doctrine is a good law which now protects > individuals in a majority of states. However, the castle doctrine does > not provide protection to individuals who seek to pursue and confront > others, as is allegedly the case in the Trayvon Martin tragedy in > Sanford. > The information that has been publicly reported concerning Trayvon > Martin's death indicates that the castle doctrine may not be > applicable to justify the actions of the attacker, Mr. Zimmerman. > Media stories sharing the transcripts of the 911 tapes from the > evening of the incident clearly show that Mr. Zimmerman was instructed > by authorities to remain in his vehicle and to cease pursuit of Mr. > Martin. George Zimmerman seems to have ignored the direction of the > authorities and continued his pursuit of Mr. Martin. > Mr. Zimmerman's unnecessary pursuit and confrontation of Trayvon > Martin elevated the prospect of a violent episode and does not seem to > be an act of self-defense as defined by the castle doctrine. There is > no protection in the "Stand Your Ground" law for anyone who pursues > and confronts people. > I have great sympathy for the family of Trayvon Martin and am grateful > that things are finally moving in the right direction to further > explore what actually happened on that night in Sanford, Florida. > Awaiting the convening of the grand jury, I trust that justice will be > served and healing will begin for all of those affected. > Republican Dennis Baxley represents the 24th district in Florida's > House of Representatives. He was the prime sponsor of the "Stand Your > Ground" law in 2005. He is the principal owner and vice president of > Hiers-Baxley Funeral Services. > > Read > more:http://www.foxnews.com/opinion/2012/03/21/trayvon-martins-alleged-att... > > On Mar 22, 8:46 am, plainolamerican <[email protected]> wrote:> you > forgot one ... he's a spic with black family members and has a > > jewish name. > > > the racist left wishes he was white > > > On Mar 22, 9:30 am, Tommy News <[email protected]> wrote: > > > > 20 Things You Need to Know About the Tragic Killing of Trayvon Martin > > > The Department of Justice, the FBI and the U.S. Attorney announced > > > they were launching "a thorough and independent review" of the > > > shooting -- will there be justice? > > > March 20, 2012 | LIKE THIS ARTICLE ? > > > Join our mailing list: > > > Sign up to stay up to date on the latest headlines via email. > > > On February 26, 2012, a 17-year-old African-American named > > > Trayvon Martin was shot and killed in Sanford, Florida. The shooter > > > was George Zimmerman, a 28-year-old man. Zimmerman admits killing > > > Martin, but claims he was acting in self-defense. Florida’s “Stand > > > Your Ground” law, passed in 2005, allows people to use deadly force if > > > they believe they’re in imminent danger. Three weeks after Martin’s > > > death, no arrests have been made and Zimmerman remains free. > > > > FBI tells ABC News they are monitoring the Trayvon Martin > > > investigation and have been in touch with local authorities. Late > > > Monday, March 20, after a letter from the NAACP, the United States > > > Department of Justice, the FBI and the U.S. Attorney announced they > > > were launching “a thorough and independent review” of the shooting > > > death of Trayvon Martin. The Florida state attorney has sent the > > > Trayvon Martin case to a grand jury. The Seminole County grand jury > > > will be called to session on Tuesday, April 10. > > > > Here’s everything you need to know about the case: > > > > 1. Zimmerman called the police to report Martin’s “suspicious” > > > behavior, which he described as “just walking around looking about.” > > > Zimmerman was in his car when he saw Martin walking on the street. He > > > called the police and said: “There’s a real suspicious guy. This guy > > > looks like he’s up to no good, on drugs or something. It’s raining and > > > he’s just walking around looking about… These a**holes always get > > > away” [Orlando Sentinel] > > > > 2. Zimmerman pursued Martin against the explicit instructions of the > > > police dispatcher: > > > > Dispatcher: “Are you following him?” > > > Zimmerman: “Yeah” > > > Dispatcher: “OK, we don’t need you to do that.” > > > > [Orlando Sentinel] > > > > 3. Prior to the release of the 911 tapes, Zimmerman’s father released > > > a statement claiming “[a]t no time did George follow or confront Mr. > > > Martin.” [Sun Sentinel] > > > > 4. Zimmerman was carrying a a Kel Tel 9 millimeter handgun. Martin was > > > carrying a bag of Skittles and a can of iced tea. [ABC News] > > > > 5. Martin weighed 140 pounds. Zimmerman weighs 250 pounds. [Orlando > > > Sentinel; WDBO] > > > > 6. Martin’s English teacher described him as “as an A and B student > > > who majored in cheerfulness.” [Orlando Sentinel] > > > > 7. Martin had no criminal record. [New York Times] > > > > 8. Zimmerman “was charged in July 2005 with resisting arrest with > > > violence and battery on an officer. The charges appear to have been > > > dropped.” [Huffington Post] > > > > 9. Zimmerman called the police 46 times since Jan. 1, 2011. [Miami Herald] > > > > 10. According to neighbors, Zimmerman was “fixated on crime and > > > focused on young, black males.” [Miami Herald] > > > > 11. Zimmerman “had been the subject of complaints by neighbors in his > > > gated community for aggressive tactics” [Huffington Post] > > > > 12. A police officer “corrected” a key witness. “The officer told the > > > witness, a long-time teacher, it was Zimmerman who cried for help, > > > said the witness. ABC News has spoken to the teacher and she confirmed > > > that the officer corrected her when she said she heard the teenager > > > shout for help.” [ABC News] > > > > 13. Three witnesses say they heard a boy cry for help before a shot > > > was fired. “Three witnesses contacted by The Miami Herald say they saw > > > or heard the moments before and after the Miami Gardens teenager’s > > > killing. All three said they heard the last howl for help from a > > > despondent boy.” [Miami Herald] > > > > 14. The officer in charge of the crime scene also received criticism > > > in 2010 when he initially failed to arrest a lieutenant’s son who was > > > videotaped attacking a homeless black man. [New York Times] > > > > 15. The police did not test Zimmerman for drugs or alcohol. A law > > > enforcement expert told ABC that Zimmerman sounds intoxicated on the > > > 911 tapes. Drug and alcohol testing is “standard procedure in most > > > homicide investigations.” [ABC News] > > > > 16. In a cell phone call moments before his death, Martin told a > > > teenage girl that he was “hounded by a strange man on a cellphone who > > > ran after him, cornered him and confronted him.” “‘He said this man > > > was watching him, so he put his hoodie on. He said he lost the man,’ > > > Martin’s friend said. ‘I asked Trayvon to run, and he said he was > > > going to walk fast. I told him to run but he said he was not going to > > > run.’ Eventually he would run, said the girl, thinking that he’d > > > managed to escape. But suddenly the strange man was back, cornering > > > Martin. ‘Trayvon said, ‘What, are you following me for,’ and the man > > > said, ‘What are you doing here.’” [ABC News] > > > > 17. Zimmerman told the police “he had stepped out of his truck to > > > check the name of the street he was on when Trayvon attacked him from > > > behind as he walked back to his truck.” “He said he feared for his > > > life and fired the semiautomatic handgun he was licensed to carry > > > because he feared for his life.” [Miami Herald] > > > > 18. Zimmerman was not a member of a registered Neighborhood Watch > > > group. Zimmerman also violated basic Neighborhood Watch guidelines by > > > carrying a weapon. [ABC News] > > > > 19. Sanford police chief Bill Lee planned to wrap up the case last > > > Monday without bringing any charges, because, he said, “there is no > > > evidence to dispute the shooter’s claim of self-defense,” which is a > > > sufficient claim under the “Stand Your Ground” law. [Miami Herald] > > > > 20. In the first five years “Stand Your Ground” was in effect, > > > justifiable homicides tripled, and the law was a factor in at least 93 > > > cases involving 65 deaths. An investigation of cases from the law’s > > > passage in 2005 to 2010 found that charges were dropped or dismissed > > > for 57 people, and 7 others were acquitted. [Tampa Bay Times] > > > > A petition created by Trayvon’s parents to investigate his killing has > > > been signed by over 500,000 people. > > > > More:http://www.alternet.org/story/154624/20_things_you_need_to_know_about... > > > > -- > > > Together, we can change the world, one mind at a time. > > > Have a great day, > > > Tommy > > > > -- > > > Together, we can change the world, one mind at a time. > > > Have a great day, > > > Tommy -- Thanks for being part of "PoliticalForum" at Google Groups. For options & help see http://groups.google.com/group/PoliticalForum * Visit our other community at http://www.PoliticalForum.com/ * It's active and moderated. Register and vote in our polls. * Read the latest breaking news, and more.
